PATEL NIRMESHKUMAR ARVINDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. With consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing today. Mr.Sharma, learned AGP, waives service of rule on behalf of respondent No.1 & 2, Mr.H.S.Munshaw, learned advocate, waives service of rule on behalf of respondent No.3 and 4.

(2.) In this petition under Article 226 of the Constitution of India, the petitioner has prayed for a direction that the orders rejecting the representation of the petitioner be set aside and the petitioner's initial date of appointment be considered as 10/9/2012 instead of 24/1/2014.

(3.) The facts in brief would indicate that the petitioner was appointed as a Multi Purpose Health Worker by an order dtd. 10/9/2012. The appointment was for a period of five years on fixed pay of Rs.5,300.00 where the condition was that on completion of five years of service from 10/9/2012 he would be absorbed on regular basis to which some some of the reserved category candidates on being aggrieved by they being not considered in open category had preferred Special Civil Application No. 12905 of 2012. Based on this petition, apprehending that the petitioner will be dislodged from his service, he filed Special Civil Application No. 16609 of 2012. On 21/12/2012, this Court, specifically while adjudicating the issue, in para 14 of the order granted status quo. Para 14 of the order dtd. 21/12/2012 reads as under: